Fl. R. Juv. P. form 8.9832
ORDER ON MOTION CLAIMING INEFFECTIVE ASSISTANCE OF COUNSEL AFTER ORDER TERMINATING PARENTAL RIGHTS
THIS CAUSE came before this court on .....(date)..... on the Motion Claiming Ineffective Assistance of Counsel after Order Terminating Parental Rights filed by .....(name)......Present before the court were:
..........(Name)....., Moving Parent
..........(Name)....., Attorney for Moving Parent
..........(Name)....., Trial Attorney for Moving Parent
..........(Name)....., Attorney for the department
..........(Name)....., Department caseworker
..........(Name)....., Child
..........(Name)....., Attorney for Child
..........(Name)....., Mother
..........(Name)....., Attorney for mother
..........(Name)....., Father of .....(child).....
..........(Name)....., Attorney for father
..........(Name)....., Guardian ad litem
..........(Name)....., Attorney for guardian ad litem
..........(Name)....., Legal custodian
..........(Name)....., Attorney for legal custodian
..........(Name)....., Other ..........
Comment: Complete the following section if the court denies the motion without a hearing.
The court has carefully considered the motion and reviewed all necessary documents. The court finds that the motion should be denied without a hearing because:
..... The motion is untimely.
..... The motion is insufficient as alleged. The court finds that the moving parent failed to allege specific facts that, if taken as true, would support a finding that the attorney during the termination of parental rights proceedings failed to provide reasonable, professional assistance, and that any errors or omissions prejudiced the parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated. Specifically the court finds: .....(findings)......
Comment: Complete the following section if the court finds that the motion is insufficient and directs the moving parent to file an amended motion.
The court has carefully considered the motion and reviewed all necessary documents.
..... The motion is insufficient as alleged. The court finds that the moving parent failed to allege specific facts that would support a finding that the attorney during the termination of parental rights proceedings failed to provide reasonable, professional assistance, and that any errors or omissions prejudiced the parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated. Specifically the court finds: .....(findings).....However, the court finds that the moving parent should be provided the opportunity to file an amended motion.
Comment: Complete the following section if the court previously found that the motion was insufficient, directed the moving parent to file an amended motion, and the parent failed to file an amended motion within the time permitted.
The court previously carefully considered the motion and reviewed all necessary documents.
..... On .....(date)....., the court found the motion is insufficient as alleged.
The court found that the moving parent failed to allege specific facts that would support a finding that the attorney during the termination of parental rights proceedings failed to provide reasonable, professional assistance, and that any errors or omissions prejudiced the parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated. Specifically the court found: .....(findings)......
..... On .....(date)....., the court entered a written order providing the parent an opportunity to file an amended motion. The parent did not file an amended motion within 10 days of the date of the written order permitting amendment.
Comment: Complete the following section if the court hearing was conducted:
The court has carefully considered the motion, reviewed all necessary documents, and having heard argument of counsel and testimony, the court finds:
..... The motion is granted because the attorney during the termination of parental rights proceedings failed to provide reasonable, professional assistance, and the errors or omissions prejudiced the parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated. Specifically the court finds: .....(findings)......
..... The motion is denied because the attorney during the termination of parental rights proceedings did not fail to provide reasonable, professional assistance, or any errors or omissions that were made did not prejudice the moving parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated. Specifically, the court finds: .....(findings)......
THEREFORE, the court hereby ORDERS AND ADJUDGES THAT:
..... The motion claiming ineffective assistance of counsel is denied with prejudice.
..... The motion claiming ineffective assistance of counsel is insufficient as alleged. The moving parent may file an amended motion. Any amended motion shall be filed within 10 days of the date of this order or the court may summarily deny the motion.
..... The motion claiming ineffective assistance of counsel is granted. The order terminating parental rights entered on .....(date).....is hereby vacated and set aside as to .....(name of moving parent)......An adjudicatory hearing is hereby scheduled for .....(date (no later than 45 days from this order))....., and, as the court finds the parent is indigent, .....(name of counsel).....is hereby appointed to represent .....(name of moving parent).....in the termination of parental rights proceedings.
DONE AND ORDERED on .....(date)....., in .....(city and county)....., Florida.
__________________________
Circuit Judge
Copies to:
Fl. R. Juv. P. form 8.9832